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| Notice of the Supreme People's Court on Issues concerning Legally and Properly Hearing Cases involving Marital Debts | | 最高人民法院关于依法妥善审理涉及夫妻债务案件有关问题的通知 |
| (No. 48 [2017] of the Supreme People's Court) | | （法〔2017〕48号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | | 各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| The hearing of family affairs is an important part of the judicial work of the people's courts. In the hearing of family affairs, the proper handling of marital debts concerns the protection of the lawful rights and interests of the spouses and the creditors, the maintenance of marriage and family stability and safe market transactions, and the promotion of harmonious, sound, and honest economic and social development. For this purpose, the 1,710th Session of the Judicial Committee of the Supreme People's Court has deliberated and adopted the Supplementary Provisions on the InterpretationII of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China, in which paragraphs 2 and 3 are added to Article 24 of the said Interpretation. On February 28, 2017, the Supreme People's Court issued the amended InterpretationII of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China. In order to legally and properly hear cases involving marital debts, you are hereby notified of the relevant issues as follows: | | 家事审判工作是人民法院审判工作的重要内容。在家事审判工作中，正确处理夫妻债务，事关夫妻双方和债权人合法权益的保护，事关婚姻家庭稳定和市场交易安全的维护，事关和谐健康诚信经济社会建设的推进。为此，最高人民法院审判委员会第1710次会议讨论通过《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释（二）的补充规定》，对该司法解释第二十四条增加规定了第二款和第三款。2017年2月28日，最高人民法院公布了修正的《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释（二）》。为依法妥善审理好夫妻债务案件，现将有关问题通知如下： |
| I. The principle of combing rule of law with rule of virtue shall be followed. In the handling of a case involving marital debts, the lawful rights and interests of the spouses and the creditors shall be protected in accordance with the provisions of the Marriage Law of the People's Republic of China (hereinafter referred to as the “Marriage Law”) and other relevant laws and judicial interpretations. In addition, the social effects of application of laws and judicial interpretations shall be intensified in light of the socialist ethics and values, so as to achieve the objectives of truly resolving disputes, maintaining marriage and family stability, promoting safe transactions, and driving the harmonious and sound development of economy and society. | | 一、坚持法治和德治相结合原则。在处理夫妻债务案件时，除应当依照婚姻法等法律和司法解释的规定，保护夫妻双方和债权人的合法权益，还应当结合社会主义道德价值理念，增强法律和司法解释适用的社会效果，以达到真正化解矛盾纠纷、维护婚姻家庭稳定、促进交易安全、推动经济社会和谐健康发展的目的。 |
II. The procedural rights of the spouse who does not incur a debt in his or her name shall be safeguarded. In the hearing of a case in which one spouse incurs a debt in his or her name, in principle, the spouses and other parties shall be summoned to court; where it is necessary for a witness to testify in court, the witness shall be notified of testifying in court, unless there is any statutory cause. In the hearing, the relevant parties and witness shall be required to sign a letter of guarantee in accordance with the provisions of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, so as to guarantee the authenticity of the statements of the parties and the testimony of the witness. Where the spouse who does not incur a debt in his or her name fails to provide evidence, but he or she can provide evidence or clues, the people's court shall conduct investigation and evidence-taking upon application of the spouse. The party that falsifies, conceals, or destroys evidence shall be punished according to the law. Without any judicial procedure, it is not allowed to require the spouse who does not incur a debt in his or her name to assume the civil liability.
．．．．．． | | 二、保障未具名举债夫妻一方的诉讼权利。在审理以夫妻一方名义举债的案件中，原则上应当传唤夫妻双方本人和案件其他当事人本人到庭；需要证人出庭作证的，除法定事由外，应当通知证人出庭作证。在庭审中，应当按照《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》的规定，要求有关当事人和证人签署保证书，以保证当事人陈述和证人证言的真实性。未具名举债一方不能提供证据，但能够提供证据线索的，人民法院应当根据当事人的申请进行调查取证；对伪造、隐藏、毁灭证据的要依法予以惩处。未经审判程序，不得要求未举债的夫妻一方承担民事责任。
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